Perkin Elmer Maintenance Agreement

STATE OF MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES (DEPARTMENT) REQUEST FOR QUOTATION (RFQ) SOLICITATION/OPPORTUNITY (OPP) NO.: RFQ580410422001305 PROCUREMENT STAFF: Janett Walker TITLE: Perkin Elmer Maintenance Agreement PHONE NO.: (573) 751-6032 ISSUE DATE: January 18, 2022 E-MAIL: Janett.Walker@health.mo.gov TARGET DATE AND TIME: February 8, 2022 AT 3:00 PM CENTRAL TIME (END DATE) V E N D O R S A R E E N C O U R A G E D T O R E S P O N D E L E C T R O N I C A L L Y T H R O U G H HTTPS://MISSOURIBUYS.MO.GOV BUT MAY RESPOND BY HARD COPY (See Mailing Instructions Below) MAILING INSTRUCTIONS:Print or type Solicitation/OPP Number and End Date on the lower left hand corner of the envelope or package. Quotations should be returned to 920 Wildwood Dr., Jefferson City, MO 65109 by the target date and time. RETURN BID TO: (U.S. Mail) (Courier Service) D e p a r t m e n t o f H e a l t h a n d S e n i o r S e r v i c e

so r D e p a r t m e n t o f H e a l t h a n d S e n i o r S e r v i c e s Bureau of Procurement Services Bureau of Procurement Services P.O. Box 570 920 Wildwood Dr. Jefferson City, MO 65102-0570 Jefferson City, MO 65109 OR FAX TO: (573) 522-9052 (either mail or fax, not both) CONTRACT PERIOD: May 22, 2022 through May 21, 2023 DELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS: Missouri Department of Health and Senior Services State Public Health Laboratory 101 N Chestnut, Jefferson City, MO 65101 The vendor hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions Request for Quotation (Revised 09/30/16). The vendor further agrees that the language of this RFQ shall govern in the event of a conflict with his/her bid. The vendor further agrees that upon receipt of an authorized purchase order from the Department of Health and Senior Services or when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between the Vendor and the State of Missouri. The vendor shall understand and agree that in order for their bid to be considered for evaluation, they must be registered in MissouriBUYS. If not registered at time of bid opening, the vendor must register in MissouriBUYS upon request by the state immediately after bid opening. mailto:Janett.Walker@health.mo.gov HTTPS://MISSOURIBUYS.MO.GOV SIGNATURE REQUIRED VENDOR NAME MissouriBUYS SYSTEM ID (SEE VENDOR PROFILE - MAIN INFORMATION SCREEN) DOING BUSINESS AS (DBA) NAME MAILING ADDRESS CITY, STATE, ZIP CODE CONTACT PERSON EMAIL ADDRESS PHONE NUMBER FAX NUMBER VENDOR TAX FILING TYPE WITH IRS (CHECK ONE) ___ Corporation ___ Individual ___ State/Local Government ___ Partnership ___ Sole Proprietor ___IRS Tax-Exempt AUTHORIZED SIGNATURE DATE Page 3 of 25 Instructions for Submitting a Solicitation Response The Department is now posting all of its bid solicitation documents on the new MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of Missouris web- based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce. For all bid solicitations, vendors now have the option of submitting their solicitation response either as an electronic response or as a hard copy response. As a means to save vendors the expense of submitting a hard copy response and to provide vendors both the ease and the timeliness of responding from a computer, vendors are encouraged to submit an electronic response. Both methods of submission are explained briefly below and in more detail in the s t e p - b y - s t e p i n s t r u c t i o n s p r o v i d e d a t https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf. (This document is also on the Bid Board referenced above.) Notice: The vendor is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time. ELECTRONIC RESPONSES: To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the Register button at the top of the page, and completing the Vendor Registration. Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendors electronic bid responses successfully submitted to the state. To respond electronically to a solicitation, the vendor must login to MissouriBUYS, locate the desired solicitation on the Bid Board, and, at a minimum, the vendor must read and accept the Original Solicitation Documents and complete pricing and any other identified requirements. In addition, the vendor should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Vendors should upload their completed response to these downloaded documents (including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are a v a i l a b l e o n t h e M i s s o u r i B U Y S s y s t e m a t : h t tps: / /missour ibuys.mo.gov/pdfs/how_to_respond_to_a_sol ic i tat ion.pdf . https://www.missouribuys.mo.gov https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf https://missouribuys.mo.gov https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf Page 4 of 25 o Vendors are encouraged to submit their entire bid electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a vendor may submit the exhibits, forms, pricing, etc. through mail, courier service, or fax. However, any such submission should be received prior to the solicitations specified target date and time. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents submitted through mail, courier service, or fax. o In the event a registered vendor electronically submits a solicitation response and also mails or fax hard copy documents that are not identical, the vendor should explain which response is valid for the state's consideration. In the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest. Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum document(s). 1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under Select, and then click on the Accept button. 2. To accept the addendum document, on the Overview page find the section titled Addendum Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button. Note: If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps: 1. Log into MissouriBUYS. 2. Select the Solicitations tab. 3. Select View Current Solicitations. 4. Select My List. 5. Select the correct Opportunity Number (Opportunity No); the Overview page will display. 6. Click on Review Response from the navigation bar. 7. Click on Retract if your response needs to be revised. 8. A message will come up asking, Are you sure you want to retract the Bid. Click on Continue to confirm. 9. Click on Respond and revise as applicable. 10. Click on Review Response from the navigation bar and then click on Submit to submit your response. Page 5 of 25 HARD COPY RESPONSES: Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents. RFQ580410422001305 Page 6 of 25 1. introduction and general information 1.%2 Purpose: 1.1.%3 This document constitutes a request for quotation for annual maintenance for the Department of Health and Senior Service, State Public Health Laboratory (hereinafter referred to as the Department) as set forth herein. 1.2.%3 State expenditures The Missouri Accountability Portal (MAP) located on the Internet at: http://mapyourtaxes.mo.gov/MAP/Expenditures/ provides financial data related to the purchase of the services under the contract. Be sure to read the information provided in the links to Site Information and Disclaimer. 2.%2 Questions Regarding the RFQ: 2.1.%3 It is the Vendors responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendors ability to submit a bid. %4. The Vendor and the Vendors agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFQ, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this RFQ. Inappropriate contacts to other personnel are grounds for suspension and/or exclusion from specific procurements. Vendors and their agents who have questions regarding this matter should contact the buyer. %4. Upon the Departments consideration of questions and issues and if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued RFQ addendum(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an RFQ addendum. All Vendors will be advised of any change to the RFQs language, specifications, or requirements by a formal addendum to the RFQ. There will be no posted written records of the questions/communications (i.e., formal question/answer document). http://mapyourtaxes.mo.gov/MAP/Expenditures/ http://mapyourtaxes.mo.gov/MAP/Expenditures/ http://mapyourtaxes.mo.gov/MAP/Expenditures/ RFQ580410422001305 Page 7 of 25 NOTE: The only official position of the State of Missouri shall be that which is contained in the RFQ and any addendums thereto. 2. Scope of work 3.%2 General Requirements: 3.1.%3 The Contractor shall provide annual maintenance services for the Departments PerkinElmer TRICARB 3180TR Liquid Scintillation Counting System Serial #DG08095383, in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department. 3.2.%3 To the extent that this contract involves the use, in whole or in part, of federal funds, the signature of the Contractors authorized representative on the first page of this document indicates compliance with the Certifications contained in Attachment A, which is attached hereto and is incorporated by reference as if fully set forth herein. 3.3.%3 After the award unless otherwise stated in this contract, the Contractor shall use the below information for any correspondence regarding this contract: Program Name: State Public Health Laboratory Program Contact: Alan Schaffer, Chemistry Unit Manager Address: 101 N. Chestnut, Jefferson City, MO 65101 Phone: (573) 751-3334 Email: Alan.Schaffer@health.mo.gov 4.%2 Performance Requirements: 4.1.%3 The Contractor shall provide annual maintenance services for the Departments PerkinElmer TRICARB 3180TR Liquid Scintillation Counting System Serial #DG08095383. The annual maintenance services shall consist of a minimum the following: %4. Software support/upgrades for the system; %4. Hardware/instrument support for the system. There shall be no certified third-party technical service; %4. Repairs, if necessary, to be made with original manufacturers parts by mailto:Alan.Schaffer@health.mo.gov RFQ580410422001305 Page 8 of 25 PerkinElmer factory trained and certified engineers; %4. Telephone support for all aspects of the system; %4. One (1) preventative maintenance visit; %4. Training; and %4. Manufacturers authorized service. 4.2.%3 The Contractors staff shall provide the maintenance services as outlined herein. Subcontracting out services is not allowed. 4.3.%3 Unless otherwise specified herein, the Contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein. 5.%2 Payments and Invoices: 5.1.%3 The State of Missouri shall submit contract payments to the Contractor at the remittance address listed in the contractors MissouriBUYS vendor registration. However, the Contractor shall understand and agree the state reserves the right to make contract payments to the Contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the Contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov. 5.2.%3 The Contractor shall invoice the Department on the Contractors original descriptive business invoice form. The Contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice. 5.3.%3 All invoices shall be sent to: Missouri Department of Health and Senior Services State Public Health Laboratory 101 N. Chestnut Jefferson City, MO 65101 Email: sphlfiscalunit@health.mo.gov https://missouribuys.mo.gov/ mailto:sphlfiscalunit@health.mo.gov RFQ580410422001305 Page 9 of 25 5.4.%3 Other than the payments specified above, no other payments or reimbursements shall be made to the Contractor for any reason whatsoever including, but not limited to taxes, travel expenses, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc. 6. General Contractual Requirements 6.1 Contractual Requirements: 6.1.1 Contract - A binding contract shall consist of: (1) the RFQ and any addendums thereto, (2) the Contractors response (bid) to the RFQ, (3) clarification of the bid, if any, and (4) the Departments acceptance of the response (bid) by notice of award. All Exhibits and Attachments included in the RFQ shall be incorporated into the contract by reference. a. A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the State of Missouri, the Contractor must receive a properly authorized purchase order or other form of authorization given to the Contractor at the discretion of the Department. b. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein. c. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the Contractor and the Department prior to the effective date of such modification. The Contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract. 6.1.2 Contract Period - The original contract period shall be as stated on the Notice of Award. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period. The parties may renew the agreement for two (2) additional one-year periods if mutually agreed to by both parties. Such renewal shall be accomplished in writing and RFQ580410422001305 Page 10 of 25 must be signed by both parties. In the event both parties agree on the renewal, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document. 6.1.3 Renewal Periods - If the option for renewal is exercised by the Department, the Contractor shall agree that the prices for the renewal period shall not exceed the maximum price for the applicable renewal period stated on the Pricing Page, Exhibit 1, of the contract. a. If renewal prices are not provided, then prices during renewal periods shall be the same as during the original contract period. b. In addition, the Contractor shall understand and agree that renewal period price increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the Contractor, the contract may be terminated, and a new procurement process may be conducted. The Contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the Contractors pricing for the renewal period(s). If such action is necessary and the Contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted. 6.1.4 Contract Price - All prices shall be as indicated on the Pricing Page, Exhibit 1. The state shall not pay nor be liable for any other additional costs including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc. a. Prices shall include all packing, handling, shipping and freight charges FOB Destination, Freight Prepaid and Allowed. The State of Missouri shall not make additional payments or pay add-on charges for freight or shipping unless specifically described and priced in the bid, or as otherwise specifically stated and allowed by the RFQ. 6.1.5 Monitoring: a. The Department reserves the right to monitor the Contractor during the RFQ580410422001305 Page 11 of 25 contract period to ensure financial and contractual compliance. b. If the Department deems a Contractor to be high-risk, the Department may impose special conditions or restrictions on the Contractor, including but not limited to the following: withholding authority to proceed to the next phase of the project until the Department receives evidence of acceptable performance within a given contract period; requiring additional, more detailed financial reports or other documentation; additional project monitoring; requiring the Contractor to obtain technical or management assistance; or establishing additional prior approvals from the Department. The Department may impose special conditions or restrictions at the time of the contract award or at any time after the contract award. The Department will provide written notification to the Contractor prior to the effective date of the high-risk status. 6.1.6 Document Retention: a. The Contractor shall retain all books, records, and other documents relevant to this contract for a period of three (3) years after final payment or the completion of an audit, whichever is later, or as otherwise designated by the federal funding agency and stated in the contract. b. The Contractor shall allow authorized representatives of the Department, State, and Federal Government to inspect these records upon request. c. If the Contractor is subject to any litigation, claim, negotiation, audit or other action involving the records before the expiration of the three (3) year period, the Contractor shall retain the records until completion of the action and resolution of all issues which arise from it, or until the end of the regular three (3) year period, whichever is later. d. If the Department is subject to any litigation, claim, negotiation, audit or other action involving the records, the Department will notify the Contractor in writing to extend the Contractors retention period. e. The Department may recover any payment it has made to the Contractor if the Contractor fails to retain adequate documentation. 6.1.7 Confidentiality: RFQ580410422001305 Page 12 of 25 a. The Contractor shall safeguard Protected Personally Identifiable Information (PII) as defined in 2 CFR 200.1. The Contractor agrees it will assume liability for all disclosures of Protected PII and breaches by the Contractor and/or the Contractors subcontractors and employees. b. The Contractor shall maintain strict confidentiality of all patient and client information or records supplied to it by the Department or that the Contractor creates as a result of contract activities. Unless disclosure is required by law, the Contractor shall not disclose the contents of such records to anyone other than the Department, the patient/client, or the patients/clients parent or legal guardian. The Contractor agrees it will assume liability for all disclosures of confidential information and breaches by the Contractor and/or the Contractors subcontractors and employees. The Contractor agrees to comply with all applicable confidentiality and information security laws, including but not limited to sections 192.067 and 192.667, RSMo. 6.1.8 Contractor Liability The Contractor shall understand and agree that the Department cannot save and hold harmless and/or indemnify the Contractor or employees against any liability incurred or arising as a result of any activity of the Contractor or any activity of the Contractor's employees related to the Contractor's performance under the contract. a. The relationship of the Contractor to the Department shall be that of an independent Contractor. The Contractor shall have no authority to represent itself as an agent of the Department. Nothing in this contract is intended to, nor shall be construed in any manner as creating or establishing an agency relationship or the relationship of employer/employee between the parties. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, or any other applicable employee related obligation or expense, and shall assume all costs, attorney fees, losses, judgments, and legal or equitable imposed remedies associated with the matters outlined in this paragraph in regards to the Contractors subcontractors, employees and agents. The Contractor shall have no authority to bind the Department for any obligation or expense not specifically stated in this contract. This provision is not intended to waive any claim of sovereign immunity to which a public entity would otherwise be entitled to under Missouri law. RFQ580410422001305 Page 13 of 25 b. The Contractor shall be responsible for all claims, actions, liability, and loss (including court costs and attorneys fees) for any and all injury or damage (including death) occurring as a result of the Contractors performance or the performance of any subcontractor, involving any equipment used or service provided, under the terms and conditions of this contract or any subcontract, or any condition created thereby, or based upon any violation of any state or federal statute, ordinance, building code, or regulation by Contractor. However, the Contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the Department, including its officers, employees, and assigns. This provision is not intended to waive any claim of sovereign immunity to which a public entity would otherwise be entitled to under Missouri law. 6.1.9 Insurance - The Contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the State of Missouri, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. General and other non-professional liability insurance shall include an endorsement that adds the State of Missouri as an additional insured. Self- insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the State of Missouri is protected as an additional insured. a. In the event the insurance coverage is canceled, the Department must be notified within thirty (30) calendar days. 6.1.10 Publications, Copyrights, and Rights in Data and Reports: a. If the Contractor issues any press releases mentioning contract activities, the Contractor shall reference in the release both the contract number and the Department. If the Contractor creates any publications, including audiovisual items, produced with contract funds, the Contractor shall give credit to both the contract and the Department in the publication. The Contractor shall obtain approval from the Department prior to the release of such press releases or publications. 1) Notwithstanding subparagraph 1 of this section, in the event the Contractor is a university and intends to create a scholarly publication using materials created for the Department under this project, the RFQ580410422001305 Page 14 of 25 Contractor shall provide the Department with the opportunity to review and to provide comment on the proposed publication. At the Departments request, Contractor will insert a disclaimer in any publication that says the publication does not necessarily reflect the views or opinions of the Department. Any such publication created by the Contractor shall contain acknowledgment of the Departments sponsorship as required by 48 CFR 52.227-14(c). b. If the Contractor develops any copyrighted material as a result of this contract, the Department shall have a royalty-free, nonexclusive and irrevocable right to publish or use, and to authorize others to use, the work for Department purposes or the purpose of the State of Missouri. c. If the Contractor is a State University, the Department limits the requirements of number 10 of the Departments Terms and Conditions to the extent permitted by law and without waiving sovereign immunity. 6.1.11 Authorized Personnel: a. The Contractor shall be responsible for assuring that all personnel are appropriately qualified and licensed or certified, as required by state, federal or local law, statute or regulation, respective to the services to be provided through this contract; and documentation of such licensure or certification shall be made available upon request. b. The Contractor shall only utilize personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Immigration Reform and Control Act of 1986 as codified at 8 U.S.C. 1324a, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and Section 274A of the Immigration and Nationality Act. If the Contractor is found to be in violation of these requirements or the applicable laws of the state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the Contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the Contractor from doing business with the state. The state may also withhold up to twenty-five percent of the total amount due to the Contractor. The Contractor agrees to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies. RFQ580410422001305 Page 15 of 25 c. Affidavit of Work Authorization and Documentation - Pursuant to section 285.530, RSMo, if the Vendor/Contractor meets the section 285.525, RSMo definition of a business entity (https://revisor.mo.gov/main/OneSection.aspx?section=285.530), the Vendor/Contractor must affirm the Vendors/Contractors enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services requested herein. The Vendor/Contractor should complete applicable portions of Exhibit 2, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions of Exhibit 2 must be submitted prior to an award of a contract. d. If the Contractor meets the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, the Contractor shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the Contractors business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the Contractor shall, prior to the performance of any services as a business entity under the contract: 1) Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND 2) Provide to the Department the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said companys/individuals enrollment and participation in the E-Verify federal work authorization program; AND 3) Submit to the Department a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. e. In accordance with subsection 2 of section 285.530, RSMo, the Contractor should renew their Affidavit of Work Authorization annually. A valid Affidavit https://revisor.mo.gov/main/OneSection.aspx?section=285.530 RFQ580410422001305 Page 16 of 25 of Work Authorization is necessary to award any new contracts. 6.1.12 Termination: a. The Department, in its sole discretion, may terminate the obligations of each party under this contract, in whole or in part, effective immediately upon providing written notification to the Contractor if: 1) State and/or federal funds are not appropriated, continued, or available at a sufficient level to fund this contract; or 2) A change in federal or state law relevant to this contract occurs; or 3) A material change of the parties to the contract occurs; or 4) By request of the Contractor. b. Each party under this contract may terminate the contract, in whole or in part, at any time, for its convenience without penalty or recourse by providing the following written notice. 1) The Department will provide written notice to the Contractor at least thirty (30) calendar days prior to the effective date of such termination. 2) The Contractor shall provide written notice to the Department at least sixty (60) calendar days prior to the effective date of such termination. 6.1.13 Subcontractors: a. Any subaward and/or subcontract shall include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the Contractor and the Department, including the civil rights requirements set forth in 19 CSR 10-2.010 (5) (A)-(L), if applicable, and provided that the Department approves the arrangement prior to finalization. The Contractor shall ensure that the Department is indemnified, saved and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subaward and/or subcontract in those matters described herein. The Contractor shall expressly understand and agree that the responsibility for all legal and financial obligations related to the execution of a subaward and/or subcontract rests solely with the Contractor; and the Contractor shall ensure and maintain documentation that any and all subawardees and/or subcontractors comply with all requirements of this contract. The Contractor agrees and understands that utilization of a subawardee and/or RFQ580410422001305 Page 17 of 25 subcontractor to provide any of the equipment or services in this contract shall in no way relieve the Contractor of the responsibility for providing the equipment or services as described and set forth herein. b. Pursuant to subsection 1 of section 285.530, RSMo, no Contractor, subawardee, and/or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general Contractor, subawardee, and/or subcontractor of any tier shall not be liable when such Contractor, subawardee, and/or subcontractor contracts with its direct subawardee and/or subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the Contractor and the subawardee and/or subcontractor affirmatively states that: 1) The direct subawardee and/or subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and shall not henceforth be in such violation. 2) The Contractor, subawardee, and/or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subawardees and/or subcontractors employees are lawfully present in the United States. c. The Contractor shall be responsible for ensuring that any subawardee(s) and/or subcontractor(s) are appropriately qualified and licensed or certified, as required by state, federal or local law, statute, or regulation, respective to the services to be provided through this contract. The Contractor shall make documentation of such licensure or certification available to the Department upon request. d. The Contractor shall notify all subawardee(s) and/or subcontractor(s) of applicable Office of Management and Budget (OMB) administrative requirements, cost principles, other applicable federal rules and regulations, and funding source information as included herein. 6.1.14 Substitution of Personnel - The Contractor agrees and understands that the Departments agreement to the contract is predicated in part on the utilization of the specific individual(s) and/or personnel qualifications identified in the bid. Therefore, the Contractor agrees that no substitution of such specific key RFQ580410422001305 Page 18 of 25 individual(s) and/or personnel qualifications shall be made without the prior written approval of the Department. The Contractor further agrees that any substitution made pursuant to this paragraph must be equal or better than originally proposed and that the Departments approval of a substitution shall not be construed as an acceptance of the substitutions performance potential. The Department agrees that an approval of a substitution will not be unreasonably withheld. 6.1.15 Participation by Other Organizations: The Contractor must comply with any Organization for the Blind/Sheltered Workshop participation levels committed to in the Contractors awarded bid. a. The Contractor shall prepare and submit to the Department a report detailing all payments made by the Contractor to Organizations for the Blind/Sheltered Workshops participating in the contract for the reporting period. The Contractor must submit the report on a monthly basis, unless otherwise determined by the Department. b. The Department will monitor the Contractors compliance in meeting the Organizations for the Blind/Sheltered Workshop participation levels committed to in the Contractors awarded bid. If the Contractors payments to the participating entities are less than the amount committed, the state may cancel the contract and/or suspend or debar the Contractor from participating in future state procurements, or retain payments to the Contractor in an amount equal to the value of the participation commitment less actual payments made by the Contractor to the participating entity. If the Department determines that the Contractor becomes compliant with the commitment, any funds retained as stated above, will be released. c. If a participating entity fails to retain the required certification or is unable to satisfactorily perform, the Contractor must obtain other organizations for the blind/sheltered workshops to fulfill the participation requirements committed to in the Contractors awarded bid. 1) The Contractor must obtain the written approval of the Department for any new entities. This approval shall not be arbitrarily withheld. 2) If the Contractor cannot obtain a replacement entity, the Contractor must submit documentation to the Department detailing all efforts made to secure a replacement. The Department shall have sole RFQ580410422001305 Page 19 of 25 discretion in determining if the actions taken by the Contractor constitute a good faith effort to secure the required participation and whether the contract will be amended to change the Contractors participation commitment. 6.1.16 No later than 30 days after the effective date of the first renewal period, the Contractor must submit an affidavit to the Department. The affidavit must be signed by the director or manager of the participating Organizations for the Blind/Sheltered Workshop verifying provision of products and/or services and compliance of all Contractor payments made to the Organizations for the Blind/Sheltered Workshops. The contactor may use the affidavit available on the Office of Administration/Division of Purchasings website at http://oa.mo.gov/sites/default/files/bswaffidavit.doc or another affidavit providing the same information. 6.1.17 Coordination - The Contractor shall fully coordinate all contract activities with those activities of the Department. As the work of the Contractor progresses, advice and information on matters covered by the contract shall be made available by the Contractor to the Department or the Department throughout the effective period of the contract. 6.1.18 Estimated Order Quantities - The quantities indicated in this Request for Quotation are estimates that pertain to the total aggregate quantities that may be ordered incrementally, at multiple times throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The State of Missouri makes no guarantees about single order quantities or total aggregate order quantities. 6.1.19 Substitution of Product - The Contractor shall not substitute any item(s) that has been awarded to the Contractor without the prior written approval of the Department. a. In the event an item becomes unavailable, the Contractor shall be responsible for providing a suitable substitute item. The Contractors failure to provide an acceptable substitute may result in cancellation or termination of the contract. b. Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The Contractor shall understand that the state reserves the right to http://oa.mo.gov/sites/default/files/bswaffidavit.doc RFQ580410422001305 Page 20 of 25 allow the substitution of any new or different product/system offered by the Contractor. The Department shall be the final authority as to acceptability of any proposed substitution. c. Any item substitution shall require a formal contract amendment authorized by the Department prior to the state acquiring the substitute item under the contract. d. The state may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The Contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the Contractor. 6.1.20 Replacement of Damaged Product - The Contractor shall be responsible for replacing any item received in damaged condition at no cost to the State of Missouri. This includes all shipping costs for returning non-functional items to the Contractor for replacement. 6.1.21 Delivery Performance - The Contractor and/or the Contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery times stated herein to the Department upon receipt of an authorized purchase order or P-card transaction notice. Delivery shall include unloading shipments at the Department's dock or other designated unloading site as requested by the Department. All orders must be shipped F.O.B. Destination, Freight Prepaid and Allowed. All orders received on the last day of the contract, must be shipped at the contract price. All deliveries must be coordinated with the Department. 6.1.22 Property of State - All documents, data, reports, supplies, equipment, and accomplishments prepared, furnished, or completed by the Contractor pursuant to the terms of the contract shall become the property of the State of Missouri. Upon expiration, termination, or cancellation of the contract, said items shall become the property of the State of Missouri. 6.1.23 The Contractor shall not perform any work under the contract that by Missouri law (section 290.250, RSMo) requires prevailing wage. The Contractor must notify the Department if any requested work would involve prevailing wage; the Department shall then arrange for said work outside the subject contract in accordance with Missouri law. RFQ580410422001305 Page 21 of 25 7. bid SUBMISSION, EVALUATION, AND AWARD INFORMATION 7.1 Contact: 7.1.1 Any and all communication from Vendors regarding specifications, requirements, competitive bid process, etc. related to the bid document must be referred to the Buyer of Record identified on the first page of this document. Such communication should be received at least ten calendar days prior to the official bid opening date. 7.2 Submission of Bids: 7.2.1 MissouriBUYS is the State of Missouris web-based statewide eProcurement system which is powered by WebProcure, through our partner, Proactis (https://www.missouribuys.mo.gov). a. Vendors have the option of submitting their bid either as an electronic response or as a hard copy response. Both methods of submission are explained briefly below and in more detail in the step-by-step instructions provided at https://missouribuys.mo.gov/sites/missouribuys/files/how-to- respond-to-a-solicitation.pdf. (This document is also on the Bid Board referenced above.) b. In order to become a registered vendor, the vendor can register by going to the MissouriBUYS Home Page referenced above, clicking the Register button at the top of the page, and completing the Vendor Registration. 7.2.2 Electronic Bid in MissouriBUYS Registered vendors are encouraged to submit their entire bid electronically through the MissouriBUYS System website. In addition to completing the on-line pricing, the registered vendor should submit completed exhibits, forms, and other information concerning the solicitation as an attachment to the electronic bid. Be sure to include the solicitation number, company name, and a contact name on any attachments. The registered vendor should review the bid submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. a. The exhibits, forms, and Pricing Page(s) provided herein can be saved, completed by a registered vendor, and then sent as an attachment to the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic https://www.missouribuys.mo.gov https://missouribuys.mo.gov/sites/missouribuys/files/how-to-respond-to-a-solicitation.pdf https://missouribuys.mo.gov/sites/missouribuys/files/how-to-respond-to-a-solicitation.pdf RFQ580410422001305 Page 22 of 25 attachments are on the MissouriBUYS System website. 1) To ensure software compatibility with the MissouriBUYS system, the vendor should complete attachments using Microsoft Word or Microsoft Excel. If using a different application for completing attachments, the vendor should save the completed attachment as a searchable PDF document in order to preserve the formatting. A vendors failure to follow these instructions and instead use a different application or method for completion and submission of attachments could render some of the vendor's information in their attachments to be unreadable which could negatively impact the evaluation of the vendor's bid. 7.2.3 Hard Copy Bid Response - If the vendor is submitting a bid via the mail or a courier service or is hand delivering the bid, the vendor should include completed exhibits, forms, and other information concerning the bid, including completed Pricing Page(s), with the bid. The vendor is instructed to review the bid submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. a. The vendor should include the solicitation number, company name, and a contact name on the hard copy bid documents. b. Recycled Products - The State of Missouri recognizes the limited nature of our resources and the leadership role of government agencies in regard to the environment. Accordingly, the vendor is requested to print the bid double-sided using recycled paper, if possible, and minimize or eliminate the use of non-recyclable materials such as plastic report covers, plastic dividers, vinyl sleeves, and binding. Lengthy bids may be submitted in a notebook or binder. 7.2.4 The vendor is solely responsible for ensuring timely submission of their bid, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the bid submission target date to complete and submit a bid to the solicitation, particularly in the event technical support assistance is required, places the vendor and their bid at risk of not being accepted on time. a. If a registered vendor submits an electronic and hard copy response and if such responses are not identical, the vendor should explain which response is valid. In the absence of an explanation, the Department shall consider the response which serves the Departments best interest. RFQ580410422001305 Page 23 of 25 7.3 Compliance with Requirements, Terms and Conditions: 7.3.1 Vendors are cautioned that the State of Missouri shall not award a non- compliant solicitation response. Consequently, a vendor indicating non- compliance or providing a bid in conflict with mandatory requirements, terms, conditions or provisions of the RFQ may result in the vendors bid being rendered as non-responsive and eliminated from further consideration for award. 7.3.2 The vendor is cautioned when submitting pre-printed terms and conditions or other type material to make sure such documents do not contain other terms and conditions which conflict with those of the RFQ and its contractual requirements. 7.3.3 In order to ensure compliance with the RFQ, the vendor should indicate agreement that, in the event of conflict between any of the vendor's bid and the RFQ requirements or terms and conditions, the RFQ shall govern. Taking exception to the Departments terms and conditions may render a vendor's bid unacceptable and removed from consideration for award. 7.4 Confidential Materials: 7.4.1 Pursuant to section 610.021, RSMo, the vendors bid and related documents shall be considered an open record. a. Section 610.011, RSMo, requires that all provisions be liberally construed and their exceptions strictly construed to promote the public policy that records are open unless otherwise provided by law. b. Regardless of any claim by a vendor as to material being confidential and not subject to copying or distribution, or how a vendor characterizes any information provided in its bid, all material submitted by the vendor in conjunction with the RFQ is subject to release in relation to a request for public records under the Missouri Sunshine Law (see chapter 610, RSMo). Only information expressly permitted to be closed pursuant to the strictly construed provisions of Missouris Sunshine Law will be treated as a closed record and withheld from any public request submitted to the Department. The vendor should presume information provided to the Department in a bid will be public and made available upon request in accordance with the provisions of state law. The vendors sole remedy for the states denial of any confidentiality request shall be limited to withdrawal of their bid in its RFQ580410422001305 Page 24 of 25 entirety. It is not the State of Missouris intention to have requested any confidential material as part of the vendors bid. Therefore, vendors should NOT include confidential material with their bid. c. In no event will the following be considered confidential or exempt from the Missouri Sunshine Law: 1) Vendors entire bid including client lists, references, proposed personnel, and methodology; 2) Vendors pricing; and 3) Vendors product specifications unless specifications specifically disclose scientific and technological innovations in which the owner has a proprietary interest (see subsection 15 of section 610.021, RSMo). d. On-line Bid - If a registered vendor is responding electronically through the MissouriBUYS System website and attaches information with their bid that is allowed by the Missouri Sunshine Law to be exempt from public disclosure, such specific material of their bid must be attached as a separate document and must have the box Confidential selected when attaching the document. If the Confidential box is not selected when attaching the document, the document must be clearly marked as confidential along with an explanation of what qualifies the specific material to be held as confidential pursuant to the provisions of section 610.021, RSMo. The vendors failure to follow these instructions shall relieve the state of any obligation to preserve the confidentiality of the documents. e. Hard Copy Bid - If the vendor is submitting a bid via the mail or a courier service or is hand delivering the bid and submits information with their bid that is allowed by the Missouri Sunshine Law to be exempt from public disclosure, such specific material of their bid must be separated, sealed, and clearly marked as confidential along with an explanation of what qualifies the specific material to be held as confidential pursuant to the provisions of section 610.021, RSMo. The vendors failure to follow this instruction shall relieve the state of any obligation to preserve the confidentiality of the documents. f. Except for any portion of a bid qualifying as confidential, as determined by the Department as specified above, the bids are scanned into the RFQ580410422001305 Page 25 of 25 Departments imaging system after a contract is executed or all bid are rejected. 1) The scanned information will be available for viewing through the Internet from the Departments imaging system. Therefore, the vendor is advised not to include any information in their bid that the vendor does not want to be viewed by the public, including personal identifying information such as social security numbers. 2) In preparing a bid, the vendor should be mindful of document preparation efforts for imaging purposes and storage capacity that will be required to image the bid and should limit bid content to items that provide substance, quality of content, and clarity of information. 7.5 Bid Submittal Documentation - The vendor should include a completed copy of each exhibit and any other documentation requested or required herein with the bid. The vendor is cautioned that it is the vendors sole responsibility to submit requested information and that the State of Missouri is under no obligation to solicit such information if it is not included with the bid. The vendors failure to submit such information may adversely affect the evaluation of the bid. 7.5.1 The vendor must provide pricing for all line items as required on Exhibit 1, Pricing Page, including all renewal pricing. All pricing shall be quoted FOB Destination, Freight Prepaid and Allowed. 7.6 Bid Detail Requirements and Deviations: 7.6.1 It is the Vendors responsibility to submit a bid that meets all mandatory specifications stated herein. The Vendor should clearly identify any and all deviations from both the mandatory and desirable specifications stated in the RFQ. Any deviation from a mandatory requirement may render the bid non- responsive. Any deviation from a desirable specification may be reviewed by the state as to its acceptability and impact on competition. a. Vendors should note: A descriptive brochure of the model bid may not be acceptable as clear identification of deviations from the written specification. 7.7 Description of Product: 7.7.1 The Vendor should present a detailed description of all products and services RFQ580410422001305 Page 26 of 25 proposed in the response to this Request for Quotation. It is the Vendor's responsibility to make sure all products proposed are adequately described in order to conduct an evaluation of the bid to insure its compliance with mandatory technical specifications. It should not be assumed that the evaluator has specific knowledge of the products proposed; however, the evaluator does have sufficient technical background to conduct an evaluation when presented complete information. 7.8 Evaluation and Award Process: 7.8.1 After determining that a bid satisfies the mandatory requirements stated in the Request for Quote, the Department shall use objective analysis in conducting an assessment of the bids. 7.8.2 Open Competition Any manufacturers name, trade names, brand names, information and/or catalog numbers listed in a specification and/or requirement are for informational purposes only and are not intended to limit competition. a. The Vendor may offer any brand of product that meets or exceeds the specifications. In addition to identifying the manufacturers name and model number, the Vendor must explain in detail how their product meets or exceed the specifications. Bids, which do not comply with the requirement and the specifications, are subject to rejection without clarification. 7.8.3 Determination of Lowest Priced Vendor including Consideration of Preferences: The vendor with the most points after completing the cost evaluations and determining preferences as specified below is considered the lowest vendor. a. Objective Evaluation of Cost The cost evaluation shall be based on a total cost determined by multiplying the unit prices quoted on Exhibit 1, Pricing Page, by the respective quantities stated herein for each potential contract period, then adding the results of the calculations to determine a total cost 1) Cost evaluation points shall be determined from the result of the calculation stated above using the following formula: Lowest Responsive Vendors Price X Maximum Cost Evaluation points (100) = 100 Cost Points Compared Vendors Price RFQ580410422001305 Page 27 of 25 2) If the unit of measure specified on the Pricing Page is different than the manner in which the vendor offers that item, the vendor must clearly identify the unit of measure being proposed on the pricing page. The vendor shall show all mathematical conversions upon specific request from the buyer. In the cost evaluation, a unit price conversion will be done to fairly evaluate proposed prices. However, for any resulting contract, the unit of measure proposed will be the unit of measure awarded. The vendor should contact the buyer prior to submission of their bid to discuss anticipated unit modifications. The vendor is cautioned that the State of Missouri reserves the right to clarify the unit of measure modification or to disqualify the bid for that line item if the unit of measure modification is not deemed appropriate or in the best interests of the State of Missouri. 3) The vendor shall agree and understand that the quantities used in the evaluation of cost are provided solely to document how cost will be evaluated. The State of Missouri makes no guarantee regarding the accuracy of the quantities stated nor does the State of Missouri intend to imply that the figures used for the cost evaluation in any way reflect actual nor anticipated usage. 7.9 Organizations for the Blind and Sheltered Workshop Preferences: 7.9.1 Pursuant to section 34.165, RSMo, and 1 CSR 40-1.050, a five to fifteen (5-15) bonus point preference shall be granted to vendors including products and/or services manufactured, produced or assembled by a qualified nonprofit organization for the blind established pursuant to 41 U.S.C. sections 46 to 48c or a sheltered workshop holding a certificate of approval from the Department of Elementary and Secondary Education pursuant to section 178.920, RSMo. 7.9.2 In order to qualify for the five to fifteen (5-15) bonus points, the following conditions must be met and the following evidence must be provided: a. The vendor must either be an organization for the blind or sheltered workshop or must be proposing to utilize an organization for the RFQ580410422001305 Page 28 of 25 blind/sheltered workshop as a subcontractor and/or supplier in an amount that must equal, at a minimum, the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million. b. The services performed or the products provided by the organization for the blind or sheltered workshop must provide a commercially useful function related to the delivery of the contractually required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by the organization for the blind or sheltered workshop are utilized, to any extent, in the vendors obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause. c. If the vendor is proposing participation by an organization for the blind or sheltered workshop, in order to receive evaluation consideration for participation by the organization for the blind or sheltered workshop, the vendor must provide the requested information with the bid. d. A sliding scale for the award of points shall range from a minimum of five (5) points to a maximum of fifteen (15) points. The award of the minimum five (5) points shall be based on the bid containing a commitment that the participating nonprofit organization or workshop is providing the greater of two percent (2%) or five thousand dollars ($5,000) of the total contract value of bids for purchases not exceeding ten (10) million dollars. 7.9.3 Where the commitment in the bid exceeds the minimum level set forth in section 34.165, RSMo to obtain five (5) points, the awarded points shall exceed the minimum five (5) points, up to a maximum of fifteen (15) points. As the statute sets out a minimum of five (5) points for a minimum two percent (2%) commitment, each percent of commitment is worth two and one-half (2.5) points. The formula to determine the awarded points for commitments above the two percent (2%) minimum shall be calculated based on the commitment in the bid (which in the formula will be expressed as a number [Vendors Commitment Number below], not as a percentage) times two and one-half (2.5) points: Vendors Commitment Number x 2.5 points = Awarded Points Examples: A commitment of three percent (3%) would be calculated as: 3 x 2.5 RFQ580410422001305 Page 29 of 25 points = 7.5 awarded points. A commitment of five and one-half percent (5.5%) would be calculated as: 5.5 x 2.5 points = 13.75 awarded points. If, instead of a percentage, a vendors bid lists a dollar figure that is over the minimum amount, the dollar figure shall be converted into the percentage of the vendors total contract value for calculation of the awarded points. Commitments at or above six percent (6%) receive the maximum of fifteen (15) points. a. Participation Commitment The vendor must complete Exhibit 3, Participation Commitment, by identifying the organization for the blind or sheltered workshop, the amount of participation committed, and the commercially useful products/services to be provided by the listed organization for the blind or sheltered workshop. If the vendor submitting the bid is an organization for the blind or sheltered workshop, the vendor must be listed in the appropriate table on the Participation Commitment Form. b. Documentation of Intent to Participate The vendor must either provide a properly completed Exhibit 4, Documentation of Intent to Participate Form, or must provide a letter of intent recently signed by the proposed Organization for the Blind or Sheltered Workshop which: (1) must describe the products/services the organization for the blind/sheltered workshop will provide and (2) should include evidence of the organization for the blind/sheltered workshop qualifications (e.g. copy of certificate or Certificate Number for Missouri Sheltered Workshop). NOTE: If the vendor submitting the bid is an organization for the blind or sheltered workshop, the vendor is not required to complete Exhibit 4, Documentation of Intent to Participate Form or provide a letter of intent. 7.9.4 The following websites provide information regarding Missouri sheltered workshops: a. Listing of Missouri Sheltered Workshops: http://dese.mo.gov/special- education/sheltered-workshops/directories b. Missouri Sheltered Workshop Products/Services Locator: http://moworkshops.org/services.html 7.9.5 The websites for the Missouri Lighthouse for the Blind and the Alphapointe Association for the Blind can be found at the following Internet addresses: http://www.lhbindustries.com http://dese.mo.gov/special-education/sheltered-workshops/directories http://dese.mo.gov/special-education/sheltered-workshops/directories http://moworkshops.org/services.html http://www.lhbindustries.com/ RFQ580410422001305 Page 30 of 25 http://www.alphapointe.org 7.9.6 Commitment If the vendors bid is awarded, the organization for the blind or sheltered workshop participation committed to by the vendor on Exhibit 3, Participation Commitment, shall be interpreted as a contractual requirement. 7.10 Missouri Service-Disabled Veteran Business Preference: 7.10.1 Pursuant to section 34.074, RSMo, and 1 CSR 40-1.050, a three (3) bonus point preference shall be granted to vendors who qualify as Missouri service- disabled veteran business enterprises and who complete and submit Exhibit 5, Missouri Service-Disabled Veteran Business Enterprise Preference with the bid. If the bid does not include the completed Exhibit 5 and the documentation specified on Exhibit 5 in accordance with the instructions provided therein, no preference points will be applied. 7.11 Other Bid Submission Requirements: 7.11.1 Miscellaneous Information The Vendor should complete and submit Exhibit 6, Miscellaneous Information. 7.11.2 Business Compliance - The Vendor must be in compliance with the laws regarding conducting business in the State of Missouri. The Vendor certifies by signing the signature page of this original document and any addendum signature page(s) or by submitting an on-line bid that the Vendor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. The Vendor shall provide documentation of compliance upon request by the Department. The compliance to conduct business in the state shall include, but not necessarily be limited to: a. Registration of business name (if applicable) with the Secretary of State at http://sos.mo.gov/business/startBusiness.asp b. Certificate of authority to transact business/certificate of good standing (if applicable) c. Taxes (e.g., city/county/state/federal) d. State and local certifications (e.g., professions/occupations/activities) http://www.alphapointe.org http://sos.mo.gov/business/startBusiness.asp RFQ580410422001305 Page 31 of 25 e. Licenses and permits (e.g., city/county license, sales permits) f. Insurance (e.g., workers compensation/unemployment compensation) 7.12 Determination for Award: 7.12.1 Determination of Responsiveness - Any bid which does not comply with the mandatory requirements of the RFQ will be determined to be non-responsive and will not be considered for an award. 7.12.2 Determination of Responsibility and Reliability - The state shall determine the responsibility and reliability of the lowest responsive vendor. a. The State of Missouri reserves the right to reject any bid for reasons which may include but are not necessarily limited to: (1) receipt of any information, from any source, regarding unsatisfactory experience/performance of similar services by the vendor or any subcontractor(s) within the past three (3) years, or (2) the vendors inability or failure to document recent responsible and reliable past experience/performances similar to the services required, or (3) failure of the vendor to provide a sample or providing an unacceptable sample, if a sample is deemed necessary by the State of Missouri. b. If the lowest responsive vendor is determined to not be responsible and reliable, the state shall conduct a determination of responsibility and reliability for the next lowest responsive vendor. 7.12.3 Determination of Award - The contract will be awarded to the lowest, responsive, and responsible and reliable vendor determined as specified herein. RFQ580410422001305 Attachment A CERTIFICATIONS AND SPECIAL PROVISIONS Page 1 of 4 Revised 09/10/2018 1. GENERAL 1.1 To the extent that this contract involves the use, in whole or in part, federal funds, the signature of the Contractors authorized representative on the contract signature page indicates compliance with the following Certifications and special provisions. 2. CONTRACTORS CERTIFICATION REGARDING SUSPENSION AND DEBARMENT 2.1 The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any Federal department or agency pursuant to 2 CFR Part 180. 2.2 The Contractor shall include these certification requirements regarding debarment, suspension, ineligibility, and voluntary exclusion in all lower tier covered transactions. 2.3 If the Contractor enters into a covered transaction with another person at the next lower tier, the Contractor must verify that the person with whom it intends to do business is not excluded or disqualified by: 2.3.1 Checking the System of Award Management (SAM) https://www.sam.gov; or 2.3.2 Collecting a certification from that person; or 2.3.3 Adding a clause or condition to the covered transaction with that person. 3. CONTRACTORS CERTIFICATION REGARDING LOBBYING 3.1 The Contractor certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. https://www.sam.gov RFQ580410422001305 Attachment A CERTIFICATIONS AND SPECIAL PROVISIONS Page 2 of 4 Revised 09/10/2018 3.2 The Contractor certifies that no funds under this contract shall be used to pay for any activity to support or defeat the enactment of legislation before the Congress, or any State or local legislature or legislative body. The Contractor shall not use any funds under this contract to pay for any activity to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. 3.3 The Contractor certifies that no funds under this contract shall be used to pay the salary or expenses of the Contractor, or an agent acting for the Contractor who engages in any activity designed to influence the enactment of legislation or appropriations proposed or pending before the Congress, or any State, local legislature or legislative body, or any regulation, administrative action, or Executive Order issued by the executive branch of any State or local government. 3.4 The above prohibitions include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 3.5 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3.6 The Contractor shall require that the language of this section be included in the award documents for all subawards at all levels (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 3.7 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RFQ580410422001305 Attachment A CERTIFICATIONS AND SPECIAL PROVISIONS Page 3 of 4 Revised 09/10/2018 4. CONTRACTORS CERTIFICATION REGARDING A DRUG FREE WORKPLACE 4.1 The Contractor certifies it shall provide a drug free workplace in accordance with the Drug Free Workplace Act of 1988, 41 U.S.C. Chapter 81, and all applicable regulations. The Contractor is required to report any conviction of employees providing services under this contract under a criminal drug statute for violations occurring on the Contractors premises or off the Contractors premises while conducting official business. The Contractor shall report any conviction to the Department within five (5) working days after the conviction. Submit reports to: Missouri Department of Health and Senior Services Division of Administration, Grants Accounting Unit P.O. Box 570 920 Wildwood Drive Jefferson City, Missouri 65102-0570 5. CONTRACTORS CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE 5.1 The Pro-Children Act of 1994, (Public Law 103-227, 20 U.S.C. 6081-6084), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The Pro-Children Act also applies to childrens services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The Pro-Children Act does not apply to childrens services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable Federal funds is Medicare or Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the Pro-Children Act may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. 5.2 The Contractor certifies that it will comply with the requirements of the Pro- Children Act and will not allow smoking within any portion of any indoor facility RFQ580410422001305 Attachment A CERTIFICATIONS AND SPECIAL PROVISIONS Page 4 of 4 Revised 09/10/2018 used for the provision of services for children as defined by the Pro-Children Act. 5.3 The Contractor agrees that it will require that the language of this certification be included in any subcontract or subaward that contains provisions for childrens services and that all subrecipients shall certify accordingly. Failure to comply with the provisions of the Pro-Children Act law may result in the imposition of a civil monetary penalty of up to $1,000 per day. 6. CONTRACTORS CERTIFICATION REGARDING NON-DISCRIMINATION 6.1 The Contractor shall comply with all federal and state statutes, regulations and executive orders relating to nondiscrimination and equal employment opportunity to the extent applicable to the contract. These include but are not limited to: 6.1.1 Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C. 2000d et seq.) which prohibits discrimination on the basis of race, color, or national origin (this includes individuals with limited English proficiency) in programs and activities receiving federal financial assistance and Title VII of the Act which prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities; 6.1.2 Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. 206 (d)); 6.1.3 Title IX of the Education Amendments of 1972, as amended (20 U.S.C 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; 6.1.4 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and the Americans with Disabilities Act of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12101 et seq.) as implemented by all applicable regulations; 6.1.5 The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age; 6.1.6 Equal Employment Opportunity E.O. 11246, as amended; 6.1.7 Missouri State Regulation, 19 CSR 10-2.010, Civil Rights Compliance Requirements; 6.1.8 Missouri Governors E.O. #05-30 (excluding paragraph 1, which was superseded RFQ580410422001305 Attachment A CERTIFICATIONS AND SPECIAL PROVISIONS Page 5 of 4 Revised 09/10/2018 by E.O. #10-24); 6.1.9 Missouri Governors E.O. #10-24; and 6.1.10 The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders which may apply to the services provided via the contract. 7. CONTRACTORS CERTIFICATION REGARDING EMPLOYEE WHISTLEBLOWER PROTECTIONS 7.1 The Contractor shall comply with the provisions of 41 U.S.C. 4712 that states an employee of a Contractor, subcontractor, grantee, or subgrantee may not be discharged, demoted or otherwise discriminated against as a reprisal for whistleblowing. In addition, whistleblower protections cannot be waived by any agreement, policy, form, or condition of employment. 7.2 The Contractors employees are encouraged to report fraud, waste, and abuse. The Contractor shall inform their employees in writing they are subject to federal whistleblower rights and remedies. This notification must be in the predominant native language of the workforce. 7.3 The Contractor shall include this requirement in any agreement made with a subcontractor or subgrantee. 8. CLEAN AIR ACT AND WATER POLLUTION CONTROL ACT 8.1 The Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). RFQ580410422001305 Page 1 of 1 EXHIBIT 1 PRICING PAGE The Vendor shall provide firm, fixed pricing for annual maintenance pursuant to all mandatory requirements herein. The Vendor must clearly describe any one-time required firm, fixed costs and all annual costs necessary to meet the RFQ requirements herein. The Vendor must indicate any other relevant information related to the pricing of their proposed products/services. Pricing must include all start-up costs, technical support, and training. Lin e Ite m Mandatory Specifications Estimated Quantity Unit Original Contract Period Firm, Fixed Price 5/22/22 to 5/21/23 First Renewal Period Maximum Price 5/22/23 to 5/21/24 Second Renewal Period Maximum Price 5/22/24 to 5/21/25 1 C/S Code: 81101706 Laboratory Equipment Maintenance Annual Maintenance Serial #DG08095383 1 Preventive Maintenance visit Unlimited Repair Service - Non- consumable Parts, Labor, Travel, Phone/Remote Support Item equivalent to TRI-CARB 3180TR 1 ANNUAL $________ $________ $________ 2 C/S Code: 81101706 Laboratory Equipment Maintenance Training Discount 1 PERCEN T ________% ________% ________% 3 C/S Code: 81101706 Laboratory Equipment Maintenance Qualification Services Discount 1 PERCEN T ________% ________% ________% RFQ580410422001305 Page 1 of 4 EXHIBIT 2 BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION, AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The Vendor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: To be completed by a non-business entity as defined below. BOX B: To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at http://www.dhs.gov/files/programs/gc_1185221678150.shtm. BOX C: To be completed by a business entity who has current work authorization documentation on file with a Missouri Department including Department. Business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term business entity shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term business entity shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term business entity shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities (other than stated in Box C), out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities. BOX A CURRENTLY NOT A BUSINESS ENTITY RFQ580410422001305 Page 2 of 4 I cer t i fy that _____________________ (Company/ Indiv idual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below) - I am a self-employed individual with no employees; OR - The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I cert i fy that I am not an al ien unlawful ly present in the United States and i f _____________________ (Company/Individual Name) is awarded a contract for the services requested herein under RFQ580410422001305 (RFQ Number) and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo then, prior to the performance of any services as a business entity, _____________________ (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the Department with all documentation required in Box B of this exhibit. Authorized Representatives Name (Please Print) Authorized Representatives Signature Company Name (if applicable) Date RFQ580410422001305 Page 3 of 4 EXHIBIT 2, continued (Complete the following if you DO NOT have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B, do not complete Box C.) BOX B CURRENT BUSINESS ENTITY STATUS I certify that _____________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530. Authorized Business Entity Representatives Name (Please Print) Authorized Business Entity Representatives Signature Business Entity Name Date E-Mail Address As a business entity, the Vendor must perform/provide each of the following. The Vendor should check each to verify completion/submission of all of the following: - Enroll and participate in the E-Verify federal work authorization program (Website: http://www.dhs.gov/files/programs/gc_1185221678150.shtm; Phone: 888-464-4218; Email: e-verify@dhs.gov) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND - Provide documentation affirming said companys/individuals enrollment and participation in the E-Verify federal work authorization program. Documentation shall include EITHER the E-Verify Employment Eligibility Verification page listing the Vendors name and company ID OR a page from the E-Verify Memorandum of Understanding (MOU) listing the Vendors name and the MOU signature page completed and signed, at minimum, by the Vendor and the Department of Homeland Security Verification Division. If the signature page of the MOU lists the Vendors name and company ID, then no additional pages of the MOU must be submitted; AND - Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit. mailto:e-verify@dhs.gov RFQ580410422001305 Page 4 of 4 EXHIBIT _2, continued RFQ580410422001305 Page 5 of 4 AFFIDAVIT OF WORK AUTHORIZATION: The Vendor who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now _____________________ (Name of Business Entity Authorized Representative) as _____________________ (Position/Title) first being duly sworn on my oath, affirm _____________________ (Business Entity Name) is enrolled and will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also aff irm that _____________________ (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded. In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.) Authorized Representatives Signature Printed Name Title Date E-Mail Address E-Verify Company ID Number Subscribed and sworn to before me this _____________ of ___________________. I am (DAY) (MONTH, YEAR) commissioned as a notary public within the County of ________________, State of (NAME OF COUNTY) _______________________, and my commission expires on _________________. (NAME OF STATE) (DATE) RFQ580410422001305 Page 6 of 4 Signature of Notary Date EXHIBIT 2, continued RFQ580410422001305 Page 7 of 4 (Complete the following if you have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C, do not complete Box B.) BOX C AFFIDAVIT ON FILE - CURRENT BUSINESS ENTITY STATUS I certify that _____________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo and have enrolled and currently participates in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri Department or public university that affirms enrollment and participation in the E-Verify federal work authorization program. The documentation that was previously provided included the following. The E-Verify Employment Eligibility Verification page OR a page from the E-Verify Memorandum of Understanding (MOU) listing the Vendors name and the MOU signature page completed and signed by the Vendor and the Department of Homeland Security Verification Division A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri Department or Public University* to Which Previous E-Verify Documentation Submitted: _____________________ (*Public University includes the following five schools under chapter 34, RSMo: Harris-Stowe State University St. Louis; Missouri Southern State University Joplin; Missouri Western State University St. Joseph; Northwest Missouri State University Maryville; Southeast Missouri State University Cape Girardeau.) Date of Previous E-Verify Documentation Submission: _____________________ Previous Bid/Contract Number for Which Previous E-Verify Documentation Submitted: ________ (if known) Authorized Business Entity Representatives Name (Please Print) Authorized Business Entity Representatives Signature Business Entity Name Date E-Mail Address E-Verify MOU Company ID Number FOR STATE OF MISSOURI USE ONLY RFQ580410422001305 Page 8 of 4 Documentation Verification Completed By: Buyer Date RFQ580410422001305 Page 1 of 1 EXHIBIT 3 PARTICIPATION COMMITMENT Organization for the Blind/Sheltered Workshop Participation Commitment If the vendor is committing to participation by or if the vendor is a qualified organization for the blind/sheltered workshop, the vendor must provide the required information in the table below for the organization proposed and must submit the completed exhibit with the vendors bid. Organization for the Blind/Sheltered Workshop Commitment Table The services performed or the products provided by the listed Organization for the Blind/Sheltered Workshop must provide a commercially useful function related to the delivery of the contractually- required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. The vendor must either be an organization for the blind or sheltered workshop or must be proposing to utilize an organization for the blind/sheltered workshop as a subcontractor and/or supplier in an amount that must equal, at a minimum, the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million. The vendor may propose more than one organization for the blind/sheltered workshop as part of the vendors total committed participation. However, the services performed or products provided must still meet the requirements noted herein. Name of Organization for the Blind or Sheltered Workshop Proposed Committed Participation ($ amount or % of total value of contract) Description of Products/Services to be Provided by Listed Organization for the Blind/Sheltered Workshop The vendor should also include the paragraph number(s) from the RFQ which requires the product/service the organization for the blind/sheltered workshop is proposed to perform and describe how the proposed product/service constitutes added value and will be exclusive to the contract. 1. % Product/Service(s) proposed: RFQ Paragraph References: 2. % Product/Service(s) proposed: RFQ Paragraph References: T o t a l B l i n d / S h e l t e r e d W o r k s h o p P e r c e n t a g e : % RFQ580410422001305 Page 1 of 1 EXHIBIT 4 RFQ580410422001305 Page 2 of 1 RFQ580410422001305 Page 3 of 1 DOCUMENTATION OF INTENT TO PARTICIPATE If the vendor is proposing to include the participation of an Organization for the Blind/Sheltered Workshop in the provision of the products/services required in the RFQ, the vendor must either provide this Exhibit or letter of intent, recently signed by each organization documenting the following information with the vendors bid. ~ Copy This Form For Each Organization Proposed ~ Vendor Name: This Section To Be Completed by Participating Organization: By completing and signing this form, the undersigned hereby confirms the intent of the named participating organization to provide the products/services identified herein for the vendor identified above. Indicate appropriate business classification(s): Organizatio n f o r t h e B l i n d Sheltere d Worksho p Name of Organization: (Name of Organization for the Blind or Sheltered Workshop) Contact Name: Email: Address: Phone #: City: Fax #: State/Zip: Certification # (or attach copy of certification) PRODUCTS/SERVICES PARTICIPATING ORGANIZATION AGREED TO PROVIDE Describe the products/services you (as the participating organization) have agreed to provide: RFQ580410422001305 Page 4 of 1 Authorized Signature: Authorized Signature of Participating Organization (Organization for the Blind or Sheltered Workshop) Date